The Board has found new and material evidence sufficient to reopen the claim of service connection for a right elbow disorder. The veteran's pre-existing right elbow disorder is presumed to have been aggravated by active service.
The deciding factor: The Board determined that there was clear and unmistakable evidence showing that the veteran's pre-existing right elbow disorder was not aggravated during active service, thus maintaining the presumption of soundness at entry into service.
- Claimed conditions
- Right Elbow Disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 8, 2008
- Citation
- 0826889
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0826889.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board denied entitlement to a rating in excess of 30 percent for irritable bowel syndrome and a compensable rating for left ear hearing loss, granted service connection for obstructive sleep apnea as secondary to PTSD and unspecified depressive disorder, and denied service connection for various other disorders.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and a need for additional medical opinions.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claims for service connection related to his shoulders, elbows, hands, ankles, and back are remanded due to confusion regarding the procedural posture of the case and clarification needed on whether any issues had previously been adjudicated. The Board also notes that updated VA treatment records should be obtained and an examination conducted.
- Whole decision: Remanded (sent back)
The Board has found that further development is necessary due to the Veteran's failure to report for VA examinations and remands the case accordingly.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.